The Kerala High Court on Friday upheld that office-bearers of the Kerala Cricket Association (KCA) fall under the ambit of “public servants” and can therefore be tried under the Prevention of Corruption Act, 1988.
It thus overturned the 2015 decision of the Single Bench of the Supreme Court which held that Vigilance cases cannot be preferred over KCA officials.
Allowing the appeals filed against the earlier HC order, Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian held that the Ernakulam VACB unit can proceed with the case registered against the KCA officials.
In 2013, a case was registered on the complaint of Joy Kaitharath, General Secretary, State Human Rights Centre, Thrissur, alleging corruption and irregularities in the purchase of 23.95 acres of KCA land for ₹26.62 million for the construction of a cricket stadium in Edakochi. As directed by the Vigilance Court, Thrissur, the Ernakulam unit of the VACB submitted a quick verification report on the trade. Another complaint of a similar nature regarding the purchase of 10.50 acres of land in Idukki and alleged filling of paddy fields was filed by Kasaragod native V. Harish in the Kottayam vigilance court.
Subsequently, the KCA office bearers challenged the Vigilance probe in the HC claiming that they did not fall within the purview of a “public servant” and that the single court upheld their plea. The state government and the two petitioners appealed to the HC.
Financial assistance from the state
A Division Bench of the Supreme Court on Friday ruled that the office-bearers of the KCA – a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, affiliated and functioning under the administrative control of the Board of Control for Cricket in India (BCCI) – can be considered “public servants” under the Prevention of Corruption Act 12 of the Central and State Governments and Union Territories, but also other “instruments of the State”. In addition, KCA received financial assistance from the state government.
The court then annulled the contested judgment of the single judge. Special Government Pleader A. Rajesh and Senior Government Pleader S. Rekha appeared before the HC for the VACB.
Published – 31 Oct 2025 21:02 IST
